Appellate Division: Second Judicial Department

M205309

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2015-10834 Nancy Bull, respondent-appellant, v Metropolitan Jewish Health System, Inc., appellant-respondent. (Index No. 18128/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay jury selection and the trial in the above-entitled action pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated September 25, 2015, and for a preference in the calendaring of the appeal and cross appeal. Separate motion by the respondent-appellant for leave to prosecute the appeal and cross appeal on the original papers.

Upon the papers filed in support of the appellant-respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondent-appellant's motion and the papers filed in relation thereto, it is

ORDERED that the branch of the appellant-respondent's motion which is to stay jury selection and the trial in the above-entitled action is granted, and jury selection and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal; and it is further,

ORDERED that the appellant-respondent's motion is otherwise denied; and it is further,

ORDERED that the respondent-appellant's motion is denied as academic in light of the perfection of the appeal by the appellant-respondent upon a joint record for which the appellant-respondent has assumed the expense.

BALKIN, J.P., HALL, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court